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AR HB1139
Bill
Status
5/17/2013
Primary Sponsor
Jody Dickinson
Click for details
AI Summary
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Public utilities must provide surface owners at least 30 days' written notice via certified mail before exercising rights under easements, including proposed location, access route, start date, and contact information.
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Surface owners may select preferred access routes and locations within 30 days that may increase utility costs, but cannot select routes that make easement exercise geographically or geologically impossible.
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Once an access route is established, it applies to all future easement exercises unless both parties agree in writing to change it or follow the redesignation procedure.
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Violations by public utilities constitute a Class A misdemeanor and entitle surface owners to recover twice the amount of damages caused by the violation.
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The notice and access designation requirements do not apply when utilities exercise easement rights through public access without crossing private property.
Legislative Description
Concerning Access To A Public Utility Easement; To Designate The Means Of Access; And To Provide Penalties.
Last Action
Died in House Committee at Sine Die adjournment.
5/17/2013